She was one of the few who could, without creating suspicion, go in and out of the museum where the diamond was kept.
Then there was the photograph taken by Mr. Howell of her standing with the diamond in her hand at twenty minutes to six that afternoon. That the photograph represented Miss Frick, although she denied having visited the museum during that time, there was no longer any doubt, after an examination with the magnifying glass.
Finally, there was the evidence of the late chief detective, that Mr. Jurgens at the beginning had declared he had bought the diamond of the accused. Only later had the old man, frightened by the detective's improper behaviour, changed his statement.
These were, in brief, the chief points in the public prosecutor's address, and it is not necessary to add that after the evidence and his speech, there was scarcely a person in the court who doubted but that Miss Frick was guilty.
The counsel for the accused had no other defence than the point which I mentioned in my diary; but this he turned to account beyond all expectation. It appeared that the time when Miss Frick left the pawnbroker's could be substantiated to the minute, by the circumstance that the pawnbroker on this occasion had looked at his watch and asked his clerk if the time was not twenty-five minutes to six. The clerk had then leant out of the window, looked at the clock in the church tower, and answered in the affirmative.
The counsel had also examined the driver who had driven Miss Frick,—I have perhaps forgotten to tell you that meanwhile I had been able to trace this person,—and he could clearly remember that on this occasion he had driven at his usual pace, neither more quickly nor more slowly.
The counsel had, as experiments, taken several drives with the same horse and carriage, and had found that the distance was never made in less than fifteen minutes, when driving at the usual pace, and at a more rapid pace not less than ten minutes.
He had thereby shown, he said, that if Miss Frick was the lady who had left the pawnbroker's at twenty-five minutes to six—which was now an established fact—it could not be she who had been photographed with the diamond in her hand at twenty minutes to six! That the little clock in the elephant's head was right to the minute, had been proved by Mr. Frick's evidence.
The public prosecutor, in the reply, stated that it was a well-known fact that there was often a difference of several minutes in the clocks of the town.
The counsel maintained that such a great difference as would be necessary in such a case, at least ten minutes, was scarcely possible. Altogether, he utilized this circumstance to the utmost, and made his final appeal to the jury so impressive that when the jury retired, there was great uncertainty as to the result.